Hanged till death…Kolkata Trainee Doctor’s scoundrel can also get such punishment, know why?

New Delhi: Kolkata trainee doctor’s scoundrel Sanjay Roy may be sentenced to life imprisonment or death sentence. Brutality in the Kolkata case. The lower court has found him/her guilty in this case. Additional District and Sessions Judge Anirban Das said that the punishment for Sanjay Roy will be announced on Monday. In this case, CBI has not been able to file charge sheet against Medical College Principal Sandeep Ghosh and local Tala police station in-charge Abhijeet Mandal on charges of ‘destroying evidence’, due to which it has got bail. Know why the court can award death sentence to the culprit. Last year in August, while sentencing a criminal who brutalized a 3 year old girl in Hardoi, UP, the judge had said – Even a witch leaves 7 houses, hang her till she dies.

Is the secret hidden in Section 64, 66 and 103 (1) of BNS?

The Kolkata rape and murder accused have been found guilty under sections 64, 66 and 103 (1) of the Indian Justice Code (BNS). Under these sections, the maximum punishment for a criminal can be death sentence or life imprisonment. About 162 days after this heinous crime, which took place on August 9, 2024, the Sealdah court judge told Sanjay Roy that he/she was guilty. he/she must be punished. After this decision, the victim’s father cried in the court itself.

What is there in Section 66, what is the punishment in it?

According to Anil Kumar Singh Shrinet, under Section 66 of the Indian Justice Code 2023, if a person causes such injury to a woman that she dies or goes into a persistent vegetative state, then he/she will be punished with imprisonment of at least 20 years. Might be possible.

What does Section 103 (1) of the Indian Judicial Code say?

Section 103 of the Indian Judicial Code defines the crime of murder. It states that if a person intentionally attacks another person with the intention of killing him/her and that attack results in the death of the other person, then it is called murder. Therefore, whoever kills a person is now prosecuted under Section 103 of BNS. Under Section 103 (1) of the Indian Justice Code 2023, if a criminal murders someone, he/she can be sentenced to life imprisonment or death sentence. Along with this, fine can also be imposed on the culprit.

Death penalty in these cases also

According to Indian law, death penalty is considered the harshest punishment and this punishment is given to the guilty person only in cases considered especially heinous. The possibility of imposing the death penalty increases in cases of extreme cruelty, murder for hire, or murder on the basis of caste, religion, etc.

It is important to consider these to understand the crime of murder

Intentional murder: In this it is seen that the person committing the murder already had the intention to kill someone.
Illegal method: The act of murder must be illegal, that is, it must have been committed without any valid reason and against the law.

Death penalty is given in the rarest of rare cases.

Anil Kumar Singh says that there is a provision for strict punishment under all the sections imposed on Sanjay Roy. Due to the way the victim female doctor was brutalized, the court can keep this case in the category of rarest of rare cases. In such a situation, he/she can be sentenced to death. The CBI court has also demanded death sentence from the court.

Section 103(2) in cases of lynching with discriminatory intent

Sub-section 2 of Section 103 of BNS states that when a group of five or more people join together to murder a person, then this section applies equally to all those persons.

Know the important points of Section 103 (2) of murder

Group of five or more people: This subsection applies specifically to situations where a group of five or more people work together.
Working together: The aim of all members of the group should be to kill one person.
Killing on discriminatory grounds: The killing must be on grounds of race, caste, religion, sex, birthplace, language or similar.

What is the punishment under BNS section 103(2)

Sub-section 2 of Section 103 states for punishment that if five or any group of people are involved in the murder of a person, then each member of that group will be punished with death or life imprisonment along with fine. Punishment up to imprisonment can be given.

Crime against 51 women every hour in the country

According to the report of National Crime Records Bureau (NCRB), crimes against women are increasing day by day in the country. A total of 4,45, 256 cases of crimes against women were registered in 2022, which is 4 percent more than in 2021. That means every hour a crime was committed against 51 women.

Will this case now be heard in the Supreme Court?

According to Advocate Anil Singh Srinet, if the Sessions Court pronounces the sentence in the Kolkata Doctor case, then an appeal can be made against it first in the High Court and then in the Supreme Court. The Supreme Court has taken suo motu cognizance of this matter, it is just keeping an eye on it. Will keep. An appeal in the High Court is not an appeal in any way. This is a special leave petition, which after being accepted by the High Court, becomes an appeal. Even if the High Court approves that punishment, then there is an appeal against that decision in the Supreme Court. However, only the High Court decides whether the convict’s appeal is worthy of being sent to the Supreme Court or not.